Wierzbowski and Partners provides legal advisory services regarding the rail transport in Poland. We advise and act on behalf of various companies of the rail sector, including transport providers, infrastructure managers, owners of train stations and users of sidings.
Our advice covers a wide range of issues, including licensing matters, safety authorisations, safety certificates and security clearances, permits for the use of rail vehicles, technical conditions for the use of rail vehicles (including documentation of maintenance, technical capacity certificates as well as permits allowing exceptions to certain conditions). We advise on matters connected with internal regulations and legal guidelines governing infrastructure management and the use of rail sidings, as well as in matters connected to enabling use of rail infrastructure such as allocating train routes, setting up timetables or concluding agreements on access to infrastructure. We can also assist with gaining permits from the head of the Rail Transport Authority (UTK) to enable access to rail infrastructure without the aforementioned agreement. We have also provided advice to infrastructure management teams on setting the cost of access to rail infrastructure and in requesting and receiving ratification of these costs from the Rail Transport Authority.
Our lawyers are competent and knowledgeable in both national laws and guidelines and the regulations governing rail transport in the EU. Our legal experts have published the first commentary on the Rail Transport Act, edited by Professor Wierzbowski and his team (Wolters Kluwer 2014).
Besides advising on regulatory matters and representing clients in administrative proceedings with the Rail Transport Authority, we also have a wealth of experience in representing clients from the rail sector in common courts. We have dealt with appeals against decisions handed down by the head of the Rail Transport Authority, as well as other types of preliminary investigations in the common court which have a strong influence on rail regulations, including high-stakes compensation claims. We also provide legal advice and representation in cases connected with rail transport being heard in the administrative courts.
Our team of experts in the field of rail transport is led by Mariusz Rypina, and Professor Wierzbowski.